RECEIVED

CLERK’S OFFICE

BEFORE

THE POLLUTION

CONTROL BOARD

OF THE STATE OF ILLINOIS

JUL

2

8

20Q5

IN THE MATTER

OF:

)

pTi~~IBoard

PETITION OF WASTE MANAGEMENT OF

)

ILLINOIS,

INC.,

FOR AN ADJUSTED

)

STANDARD

FROM

35

ILL. ADM.

CODE

721

)

AS

05-07

AND FOR RCRA DELISTING UNDER

)

(Adjusted Standard

—

Land)

35 ILL. ADM.

CODE 720.122 FOR TREATMENT)

RESIDUAL OF CID RECYCLING

AND

)

DISPOSAL FACILITY BIOLOGICAL

LIQUID

)

TREATMENT CENTER

)

NOTICE

Dorothy M. Gunn,

Clerk

Donald J. Moran

Illinois Pollution Control Board

Pedersen & Houpt

James R. Thompson Center

161 North Clark Street

100 West Randolph Street

Suite 3100

Suite

11-500

Chicago,

IL

60601

Chicago,

IL 60601

PLEASE

TAKE

NOTICE

that

I

have today

filed

with

the

office

of the

Clerk

of the

Pollution

Control

Board

a

MOTION

FOR

EXTENSION

OF

TIME

and

APPEARANCE,

copies

of

which

are

herewith served upon

you.

Respectfully submitted,

ILLINOIS

ENVIRONMENTAL

PROTECTION AGENCY,

R

spondent

,4,,7/

Ih~

¼~John

J.

Kiihj

Assistant Counsel

Special Assistant Attorney General

Division of Legal

Counsel

1021 North Grand Avenue, East

P.O. Box

19276

Springfield, illinois 62794-9276

217/782-5544

217/782-9143 (TDD)

Dated:

July 25, 2005

---

CERTIFICATE OF SERVICE

I, the undersigned

attorney at

law, hereby certify that on July

25,

2005,

I served

true and

correct

copies of a MOTION FOR LEAVE

TO FILE INSTANTER and RESPONSE

BRIEF, by

placing

true

and

correct

copies

in

properly

sealed

and

addressed

envelopes

and

by depositing

said

sealed envelopes in

a U.S. mail

drop box

located within

Springfield,

Illinois, with

sufficient

First Class Mail postage

affixed thereto, upon the following named persons:

Dorothy M. Gunn, Clerk

Donald J. Moran

illinois Pollution Control

Board

Pedersen & Houpt

James R. Thompson Center

161 North Clark Street

100 West Randolph Street

Suite 3100

Suite

11-500

Chicago, IL

60601

Chicago, IL 60601

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,

Re~

hnJ

~ssistantCounsel

Special Assistant Attorney General

Division of Legal Counsel

1021 North Grand Avenue,

East

P.O. Box 19276

Springfield,

Illinois 62794-9276

217/782-5544

217/782-9143 (TDD)

---

RECEIVED

CLERK’S OFFICE

BEFORE THE

POLLUTION CONTROL BOARD

OF THE STATE OF ILLINOIS

JUL

282005

IN THE MATTER OF:

)

pjOEnOCofltroIBoard

)

PETITION OF WASTE MANAGEMENT OF

)

ILLINOIS, INC., FOR AN ADJUSTED

)

STANDARD FROM

35

ILL.

ADM. CODE

721

)

AS 05-07

AND FOR RCRA DELISTING UNDER

)

(Adjusted Standard

—

Land)

35

ILL.

ADM. CODE 720.122

FOR TREATMENT)

RESIDUAL

OF CID RECYCLING AND

)

DISPOSAL FACILITY

BIOLOGICAL LIQUID

)

TREATMENT CENTER

)

APPEARANCE

The undersigned,

as one

of its

attorneys, hereby

enters

his

Appearance

on

behalf of the

Illinois

Environmental Protection Agency.

Respectfully submitted,

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,

Res

ondent

~36h~J.KinCj/

Assistant Counsel

Special Assistant Attorney General

Division ofLegal Counsel

1021

North Grand Avenue, East

P.O. Box

19276

Springfield, Illinois 62794-9276

217/782-5544

217/782-9143

(TDD)

Dated: July

25,

2005

This filing submitted

on recycled paper.

---

RECEIVED

CLERK’S OFFICE

BEFORE THE

POLLUTION CONTROL BOARD

~,

.~.

OF THE

STATE OF ILLINOIS

JL~~

2

b

2005

STATE OF

ILLINOIS

IN THE MATTER OF:

)

Pollution

Control

Board

)

PETITION OF WASTE MANAGEMENT OF

)

ILLINOIS, INC.,

FOR AN ADJUSTED

)

STANDARD FROM

35 ILL. ADM. CODE

721

)

AS 05-07

AND FOR RCRA DELISTING UNDER

)

(Adjusted Standard

—

Land)

35

ILL. ADM. CODE

720.122 FOR

TREATMENT)

RESIDUAL OF CII) RECYCLING AND

)

DISPOSAL FACILITY BIOLOGICAL LIQUID

)

TREATMENT CENTER

)

MOTION FOR EXTENSION OF TIME

TO

FiLE RECOMMENDATION

NOW COMES

the Illinois Environmental Protection Agency (“Illinois

EPA’~),

by one of

its

attorneys,

John

J.

Kim,

Assistant

Counsel

and

Special

Assistant

Attorney

General,

and,

pursuant

to

35

Ill.

Adm.

Code

101.500,

101.522

and

104.416,

hereby requests

that

the

Illinois

Pollution

Control

Board

(“Board”) grant the Illinois

EPA

an

extension of time

within which to

file

a

recommendation in

response to

the petition

filed by Waste

Management of Illinois,

Inc.

(“WMII”)

(“Petitioner”).

In support ofthis motion, the Illinois EPA states as follows:

1.

The Petitioner

filed

a

petition

for

adjusted

standard

with

the

Board

on

June

9,

2005.

Section

104.416(a)

of the

Board’s

procedural

rules.

(35

Ill.

Adm.

Code

104.416(a))

requires

that

the

Illinois

EPA

file

its

recommendation

within

45

days

from

the

filing

of an

adjusted standard petition.

The

45~”

day

from

the date of filing was

July 24,

2005,

a

Sunday.

The recommendation is therefore

due on next business day, or July

25,

2005.

2.

The

Illinois

EPA

is

seeking

a

short

extension

of

time

by

which

to

file

its

recomnendation.

The

Illinois

EPA’s review was delayed

due

to discussion between the Illinois

EPA

and

the Petitioner regarding the additional

document

incorporated

by

the Petitioner

in

its

petition.

The petition

incorporated,

but

did

not

include

a

copy

of,

the

document.

Following

1

---

discussion

between the Illinois EPA and

the Petitioner, the Petitioner provided the Illinois EPA

with

a copy ofthe document to assist in its review ofthe petition.

A document ofthe same name

had

been previously provided

to

the

Illinois

EPA as

part of a

previous

filing,

but

the

Illinois

EPA’s technical

staff preferred

to

receive

a

copy of exactly what

the Petitionerwasreferringto

in

the present

petition.

The Petitioner promptly

provided the

Illinois

EPA

with

a

copy

upon

request.

3.

This

short

delay

however,

in

conjunction

with

both

counsel

and

the

assigned

technical reviewer for the

Illinois

EPA being out of the officeon July 25,

2005,.fbrms the

basis

for the Illinois EPA’s request for an extension of time.

4.

The Illinois

EPA

is

therefore

asking

for a short

extension of time,

until

July

29,

2005, by which to

file its recommendation.

This

additional time will allow for the preparation of

a recommendation that

satisfies

all

Board

requirements

and

still

allow for the expedited review

requested by the Petitioner (and not objected to by the Illinois EPA).

5.

The

Petitioners

should

not

be

prejudiced

by

this

short

delay,

since

only

four

business days will elapse between the original due date and the extension date.

2

---

WHEREFORE,

for

the

reasons

stated

above,

the

Illinois

EPA

hereby

respectfully

requests

that

the Board grant the Illinois

EPA an

extension oftime

to file it&recarnmendationJo

July 29,

2005.

Respectfully submitted,

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,

Respondent

______

-

‘s~j4hn

J. Kin4.J

Assistant

Counsel

Special Assistant Attorney General

Division of Legal Counsel

1021

North Grand Avenue, East

P.O. Box

19276

Springfield, Illinois 62794-9276

217/782-5544

217/782-9143

(TDD)

Dated: July 25, 2005

This filing submitted on

recycled paper.

3